Parliament — Composition
Article 79 provides that there shall be a Parliament for the Union which shall consist of the President and two Houses — the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). Parliament is the supreme legislative authority of the Union.
Constitutional Basis: Part V (Articles 79–122) deals with the Union Legislature. Parliament's legislative jurisdiction = Union List + Concurrent List + residuary powers. The President is an integral part of Parliament though not a member of either House.
Lok Sabha — House of the People
| Feature | Details |
|---|---|
| Constitutional maximum | 550 members (530 from States + 20 from UTs) + 2 Anglo-Indian nominated members [NOTE: The 104th Amendment 2020 ended Anglo-Indian nomination] |
| Current strength | 543 elected seats |
| Elected by | Direct election by citizens on basis of universal adult franchise |
| Minimum age | 25 years |
| Term | 5 years (but can be dissolved earlier by President on advice of PM); can be extended during National Emergency by Parliament (1 year at a time) |
| Speaker | Elected from among its members; casts casting vote (not original vote) in case of tie; cannot vote in normal circumstances |
| Quorum | 1/10th of total membership (10% = ~55 members) |
| Pro Tem Speaker | Appointed by President; presides over first sitting; administers oath to new members |
| Sessions | Budget (Feb–May), Monsoon (July–Aug), Winter (Nov–Dec); prorogation by President; President summons on advice of Cabinet |
Rajya Sabha — Council of States
| Feature | Details |
|---|---|
| Maximum strength | 250 members (238 representatives of States/UTs + 12 nominated by President) |
| Nominated members | 12 persons with special knowledge/experience in literature, science, art and social service (Art. 80(3)) |
| Elected by | Indirect election — elected by elected members of State Legislative Assemblies and UT assemblies by Single Transferable Vote (proportional representation) |
| Minimum age | 30 years |
| Permanent body | Rajya Sabha is a PERMANENT BODY — cannot be dissolved; 1/3rd of members retire every 2 years; each member serves a 6-year term |
| Chairman | Vice President of India is ex officio Chairman; Deputy Chairman elected from members; Chairman has no original vote — only casting vote |
| Special role | Represents States/UTs; acts as check on hasty legislation; exclusive powers under Arts. 249 and 312 |
Rajya Sabha is NOT equal in strength across all States — representation is broadly based on population. Unlike the US Senate (equal representation per state), India's Rajya Sabha gives more seats to larger states. UP has the highest number of Rajya Sabha seats.
Lok Sabha vs Rajya Sabha — Key Differences
| Feature | Lok Sabha | Rajya Sabha |
|---|---|---|
| Maximum seats | 552 (incl. nominated — now 550 post-104th Amdt) | 250 |
| Elected by | Direct election (citizens) | Indirect election (MLAs) + 12 nominated |
| Term | 5 years | 6 years per member; permanent body |
| Dissolution | Can be dissolved by President | Cannot be dissolved |
| Minimum age | 25 years | 30 years |
| Presiding officer | Speaker (elected) | Chairman = VP; Deputy Chairman elected |
| Money Bills | Can introduce and pass; Rajya Sabha can only recommend | Cannot introduce; can recommend in 14 days |
| No-confidence motion | Only in Lok Sabha | No provision for no-confidence |
| Electoral College | Member is part of Presidential electoral college | Member is part of Presidential electoral college (but nominated members excluded) |
Special Powers of Each House
Rajya Sabha's Exclusive Powers
Article 249 — By a resolution passed by 2/3 of members present and voting, Rajya Sabha can authorise Parliament to make a law on any subject in the State List in the national interest. The resolution remains valid for 1 year (can be renewed).
Article 312 — By a similar 2/3 resolution, Rajya Sabha can authorise Parliament to create one or more All India Services common to Union and States (e.g., IAS, IPS, IFS were created under this power).
Lok Sabha's Exclusive Powers
No-confidence motion (Article 75(3)) — Council of Ministers is collectively responsible only to Lok Sabha. A no-confidence motion can only be moved in Lok Sabha, not Rajya Sabha.
Money Bills (Article 110/109) — Money Bills can only be introduced in Lok Sabha. Rajya Sabha can only recommend amendments within 14 days.
Speaker's casting vote — The Speaker of Lok Sabha casts the deciding vote in a tie during joint sittings.
Money Bill vs Finance Bill
| Feature | Money Bill (Art. 110) | Finance Bill (Art. 117) |
|---|---|---|
| Content | ONLY provisions relating to taxation, borrowing, Consolidated Fund, appropriation, or incidental matters | Contains Money Bill provisions PLUS other provisions; or requires President's prior recommendation |
| Introduction | Only in Lok Sabha; President's prior recommendation required | Only in Lok Sabha for Art. 117(1); either House for Art. 117(3) |
| Rajya Sabha's role | Can only make recommendations within 14 days; Lok Sabha may accept or reject; if 14 days pass = deemed passed by both Houses | Must be passed by BOTH Houses; Rajya Sabha has equal power to amend or reject |
| Joint sitting | NOT applicable — Rajya Sabha has no power to create deadlock | Joint sitting provisions can apply |
| Certification | Speaker of Lok Sabha certifies; Speaker's decision is final | No such certification required |
PYQ Trap: The Annual Budget (Union Budget) is a Finance Bill, not a Money Bill per se. Although it contains taxation provisions, it also contains other provisions that go beyond the definition of a Money Bill under Article 110. The Appropriation Bill (for expenditure from Consolidated Fund) IS a Money Bill. UPSC frequently tests this distinction.
Joint Sitting of Parliament — Article 108
A joint sitting of both Houses is convened by the President in case of a deadlock on an ordinary bill. The Speaker of Lok Sabha presides over the joint sitting.
Occasions for Joint Sitting: (1) Rajya Sabha rejects the bill; (2) Houses disagree on amendments; (3) Rajya Sabha has not passed the bill for more than 6 months. The President may summon joint sitting only for these three situations.
| Bills for which joint sitting CAN occur | Bills for which joint sitting CANNOT occur |
|---|---|
| Ordinary (non-money, non-constitutional) bills | Money Bills (Article 110) — Rajya Sabha cannot create a deadlock |
| Constitution Amendment Bills (Article 368) — must be passed separately by each House | |
| Financial Bills under Art. 117(1) — same treatment as Money Bills |
Only three joint sittings have been held in India's history: (1) Dowry Prohibition Bill 1960-61; (2) Banking Service Commission (Repeal) Bill 1977-78; (3) Prevention of Terrorism Act (POTA) 2002.
Legislative Procedure
Every bill goes through three readings in each House:
| Stage | What Happens |
|---|---|
| First Reading | Introduction of the bill; title and objectives read; no debate |
| Second Reading | General debate on principles; may be referred to Select Committee or Joint Committee; clause-by-clause consideration |
| Third Reading | Final vote on the bill as a whole; only formal amendments allowed; bill is voted on |
| Other House | Same three-reading process repeated; if passed with amendments, bill returns to originating house |
| Presidential Assent | President gives assent (Art. 111); can return for reconsideration once; if passed again, must give assent; no pocket veto for ordinary bills |
Presidential Veto Options: (1) Give assent — bill becomes law. (2) Withhold assent — pocket veto (though Constitution is silent, used once by President Zail Singh on Indian Post Office Amendment Bill 1986). (3) Return for reconsideration — but if Parliament passes again, assent is mandatory. For Constitutional Amendment Bills — President MUST give assent (no option to return); for Money Bills — no referral to Rajya Sabha, no return possible.
Parliamentary Privileges
Parliamentary privileges (Articles 105 and 194) are special rights and immunities enjoyed by members to enable them to discharge their functions without obstruction.
Key Privileges: Freedom of speech in Parliament (Art. 105(1)) — cannot be questioned in any court; Right to publication of proceedings (Art. 105(2)); Exclusion of outsiders from proceedings; Power to punish for breach of privilege or contempt. These privileges are limited by the Constitution itself — post-Searchlight case and subsequent rulings, courts can examine whether a privilege exists but not its exercise.
PYQ Traps — Common UPSC Mistakes
| Wrong Notion | Correct Fact |
|---|---|
| Rajya Sabha can be dissolved by the President | Rajya Sabha is a PERMANENT body — cannot be dissolved; only Lok Sabha can be dissolved |
| Speaker of Lok Sabha votes on every bill | Speaker has NO original vote — only CASTING vote in case of a tie |
| Joint sitting is chaired by the Vice President | Joint sitting is presided over by the SPEAKER of Lok Sabha |
| Money Bill requires joint sitting if Rajya Sabha rejects it | Joint sitting does NOT apply to Money Bills — Rajya Sabha cannot create a deadlock on Money Bills |
| Constitution Amendment Bills can be passed at joint sitting | Constitution Amendment Bills (Art. 368) must be passed SEPARATELY by each House — NO joint sitting |
| Rajya Sabha has no special powers | Rajya Sabha has EXCLUSIVE powers: Art. 249 (legislate on State List) and Art. 312 (create All India Services) |
| Annual Budget is a Money Bill | Annual Budget (Finance Bill) is NOT strictly a Money Bill under Art. 110 — it contains other provisions; the Appropriation Bill IS a Money Bill |
| Nominated RS members participate in President's election | Nominated Rajya Sabha members do NOT participate in the election of the President (Art. 54 — only elected members) |
| Pro Tem Speaker is elected by Lok Sabha | Pro Tem Speaker is APPOINTED by the President; presides over first sitting until a regular Speaker is elected |
Frequently Asked Questions
What are the special powers of Rajya Sabha that Lok Sabha does not have?
Rajya Sabha has two exclusive special powers: (1) Article 249 — By a 2/3 majority resolution, Rajya Sabha can authorise Parliament to legislate on a State List subject in the national interest (valid for 1 year, renewable). (2) Article 312 — By a similar resolution, Rajya Sabha can authorise creation of All India Services. These powers are exclusively with Rajya Sabha — Lok Sabha has no equivalent. In contrast, Lok Sabha's exclusive powers include: no-confidence motion (Art. 75), introduction of Money Bills (Art. 109), and the Speaker's casting vote at joint sittings.
What is the difference between a Money Bill and a Finance Bill?
A Money Bill (Article 110) contains ONLY provisions relating to taxation, borrowing, Consolidated Fund, appropriation, or incidental matters. The Speaker certifies it. It can only be introduced in Lok Sabha; Rajya Sabha can only recommend amendments within 14 days. A Finance Bill is broader — it contains Money Bill provisions PLUS other provisions. It must be passed by BOTH Houses. The Annual Union Budget is presented as a Finance Bill, not a Money Bill. The Appropriation Bill (authorising withdrawal from Consolidated Fund) is a Money Bill.
When does a joint sitting of Parliament take place and who presides?
A joint sitting (Article 108) is convened by the President when: Rajya Sabha rejects a bill, refuses to pass with amendments Lok Sabha accepts, or has not passed it for 6 months. The Speaker of Lok Sabha presides. Joint sitting CANNOT be held for: Money Bills, Constitution Amendment Bills (must pass each House separately), or Financial Bills under Art. 117(1). Only three joint sittings have occurred in India's parliamentary history.